Facebook

 

Twitter

 

LinkedIn

USCIS Changes H-1B CAP Rules

Employer Alert: USCIS Changes H-1B CAP Rules On January 7, 2021, USCIS announced that it will promulgate a Final Rule changing how it administers the H-1B lottery for new H-1B visas.  The rule will change the lottery process from the system in place for many years, where registrants are selected without regard to the merits of their cases, to one where USCIS will give preference to registrations whose proposed salaries are relatively high in comparison to others.  In brief, the rule will result in an increased number of selections for relatively highly paid workers and a reduction in selections for lower paid workers.  The effect,...

Continue reading

USCIS Announces Rescission of Restrictive H-1B Policies

On June 17, USCIS announced that it was rescinding two policy memoranda that formed the backbone of its heightened scrutiny of H-1B petitions.  This appears to follow directly from USCIS’ major loss in the ITServe Alliance litigation and the related settlement. The policy announcement is a sweeping reduction in the burden of evidence imposed upon H-1B employers.  Under this policy, USCIS officers are directed to no longer require: Itineraries covering the entire 3-year H-1B period. Contracts between the Petitioner and its clients. Evidence of day-to-day work assignments. Further, USCIS officers are directed to limit or shorten the approval period of H-1B petitions...

Continue reading

H-1B CAP for FY2021

On February 6, 2020, the USCIS conducted a webinar for employers planning to register their hopeful candidates for the H-1B lottery this year.  USCIS showed screenshots of the employer registration process and responded to some questions from the public. The registration window will open at noon, Eastern, on March 1 and close at noon, Eastern, on March 20, 2020.  USCIS committed to notifying registering companies and their attorneys by March 31, 2020 of the results of the lottery and selection process.  They also confirmed that the filing window for selected candidates will open on April 1, and remain open for 90...

Continue reading

When do I need to amend my H-1b?

James K. Gotcher – Partner jkg@gip-us.com The regulations state that an H-1B amendment is required to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified in the original approved petition. An amended or new H-1C, H-1B, H-2A, or H-2B petition must be accompanied by a current or new Department of Labor determination. In the case of an H-1B petition, this requirement includes a new labor condition application. (Amended 6/11/01; 66 FR 31107 )  So what constitutes a material change? Change in Worksite:  About a year ago, the USCIS issued a policy memo that offered guidance...

Continue reading